C25: OF THE TENURE OF THE CLERGY

Canon: OF THE TENURE OF THE CLERGY

Chapter: C25 PASTORAL CHARGESv

Presentation of Parish Priets

1. When any Pastoral Charge or office becomes vacant in this Province, the right of presentation shall be exercised by the Bishop of the Diocese, in consultation with the Parish Council or Church or Chapel wardens; save where the right of presentation is vested in another person or persons by law or contract (an �External Presentation�), when it shall be exercised in accordance with such law or contract; and in all cases subject to Canon 23.

Collation or Institution

2. No cleric shall exercise any ecclesiastical office or become entitled to any emoluments attaching to it, until the Bishop of the Diocese in which such office is situated, or the Vicar General in the Bishop’s absence, shall have licensed or instituted the cleric to such Charge or office, or shall have intimated to him or her in writing, that the Bishop is ready to proceed with such licensing or institution

Collation or Institution

2. No cleric shall exercise any ecclesiastical office or become entitled to any emoluments attaching to it, until the Bishop of the Diocese in which such office is situated, or the Vicar General in the Bishop’s absence, shall have licensed or instituted the cleric to such Charge or office, or shall have intimated to him or her in writing, that the Bishop is ready to proceed with such licensing or institution

Conditions of Collation or Institution

a) No Bishop, including the Metropolitan in the case of a Provincial appointment, shall agree to license or institute any cleric to a Pastoral Charge or office in the Diocese, or if it be found that there was a prior undertaking to do so then the Bishop shall not be bound by any such undertaking, unless and until the said Bishop has received –
(i) in the case of a cleric intending to move to the Diocese (i.e. the transferee Diocese),-

(aa) a full report of the cleric’s entire previous service (in so far as it may then exist) from the Bishop or Vicar General of the Diocese from which the cleric is transferring (i.e. the transferor Diocese), there being a reciprocal obligation on the Bishop or Vicar General of the transferor Diocese to respond timeously to any such request for this information and to furnish it candidly and completely; or
(bb) where the transfer is from outside the Province, a full report of the cleric’s service in a diocese or dioceses of the other Province or Provinces of the Anglican Church or in a church or churches in communion with this Province from which the cleric is transferring, from the Bishop of the diocese or most senior cleric or officer (howsoever titled) of that Church which is in communion who had licensed or otherwise engaged or appointed the cleric in that Church; or

(cc) where transfer is from outside the Church, a full report of the cleric’s activities, and the cleric�s service and functioning in relation to such activities, in the lay or other station from which the cleric is transferring, from the employer of the cleric (if employed) or from a referee acceptable to the Bishop (if self employed, or unemployed, or in partnership, or in an office or on sabbatical outside employment); and
(dd) a compliance certificate from the transferee Diocesan Chancellor or Registrar or Bursar that the provisions of this sub-section 3(a)(i) of this Canon 25 have to the extent possible in the circumstances been fulfilled;
(ii) Letters of Orders from the cleric showing that the cleric has been canonically ordained a Deacon or Priest, as well as such testimonials as may be required for licensing or institution, as may be called for in terms of any applicable Provincial guidelines (if issued) or rules of the transferee Diocese; and

(iii) satisfactory evidence of the cleric�s learning and soundness in the faith and conduct.

Cancellation of Collation or Institution

(b) If, however, between the date when the Bishop agreed to license or institute such cleric and the date of his or her licensing or institution, evidence comes to light, which, when presented to the Bishop causes the Bishop to have grave doubts as to such cleric’s soundness in faith or conduct the Bishop, after having given such cleric an opportunity to be heard, shall be entitled forthwith to cancel the license or institution of such cleric to the Pastoral Charge concerned.

Appeal upon Refusal of Institution

4 In the case of an External Presentation:

(i) every such presentation shall be accepted or refused by the Bishop within six months from date of receipt thereof, but the presentee or presenter may appeal to the Metropolitan, or if the appeal be against the decision of the Metropolitan then to the Synod of Bishops, and such decision shall be final, but
(ii) if no presentation has been made within six months of the vacancy occurring, or within six months of the Bishop refusing to accept an earlier presentation, the right for that time only shall lapse and pass to the Bishop.

Record Keeping

5. Each Diocesan Bishop shall ensure that records are kept of clerics licensed or instituted to ecclesiastical offices and that these are retained with due care and discretion, to record the cleric�s service and conduct.

Change of Incumbent or assistant Cleric

6.   If the Bishop of the Diocese considers that for pastoral reasons the work of God in a Pastoral Charge demands that there should be a change of Incumbent or other licensed cleric, or that for medical reasons the cleric concerned is unable to undertake adequately the functions or responsibilities of office, the Bishop shall (failing the consent of the said cleric to the change) take counsel with the Chapter of the Cathedral Church, or with the Senate, as the case may be, or if there be no Chapter or Senate, with three priests of the Diocese, and if the majority of them agree to such a course, after giving the said cleric an opportunity to be heard, the Bishop shall offer the cleric another ministry in the Diocese, stipendiary if the ministry was stipendiary. Should there be none in the Diocese, then the Bishop shall seek in consultation with the cleric another suitable ministry within the Province. However, if it appears to the Bishop, either before embarking on this process or during the process itself, that the reason for the need for a change in fact relates mainly or substantially to matters which could constitute charges or accusations in terms of Canon 37.1, then in the absence of any charge under Canon 37.1, the Bishop shall proceed in terms of Canon 39, in respect of those matters and, in respect of any balance of issues that remain, may continue with the search should that be appropriate.

Revocation of licence

7. If the said cleric refuses to accept another ministry so offered, the Bishop, upon being satisfied after pastoral ministration that no other course is possible, shall have the right upon notice to the cleric to revoke, upon the expiration of three months� notice, the letters of institution, or the licence, as the case may be, subject to section 8 of this Canon.

Revocation of licence without offering another ministry

If another ministry is not found in the Diocese or within the Province in terms of section 6 of this section, and if two thirds of the Chapter, Senate or priests agree that under all the circumstances no other ministry should be offered, then after giving the cleric an opportunity to be heard, the Bishop may, after explanation and pastoral ministration, upon the expiration of three months� notice, revoke the cleric’s letters of institution, or licence, as the case may be, without offering another ministry.
In this event and that set out in section 7 of this Canon, the said cleric may, within two months of the date of such notice given, appeal to the Metropolitan (or, if the Metropolitan be the Bishop concerned, to the Dean of the Province), who shall then decide upon review whether or not the proposed revocation shall take effect.

Resignation

9. Every Cleric shall, at the end of the month in which the cleric attains the normal retirement age as defined in the Rules of the Provincial Pension Fund, resign from their benefice, cure or other office to which they are licensed, and shall upon such resignation being accepted by the Diocesan Bishop, remove there from.

Extention of tenure

10. Provided however, that such Bishop, after such consultation as the Diocesan rules may prescribe, may extend the tenure of the office of the Cleric for a further period or periods not exceeding 12 months each.

Variations of licence

11. A diocesan Bishop may license a Cleric to a unit of pastoral charge or part thereof under such style, title and conditions as the Bishop may deem fit.

Delegation of powers

12. A Diocesan Bishop may delegate all or any of the authorities, rights and powers, and assign any of the obligations, the Bishop has in terms of this Canon to a Bishop Suffragan in the Diocese, which delegation or assignment or both the Bishop may withdraw at any time